Despite of three all out wars between India and Pakistan only one in 1947 was fought by India to regain its own territory illegally occupied by invader Pakistan. On October 22, 1947 Pakistani army disguised as tribals and branded as Mujjahiddins invaded Jammu & Kashmir then an independent princely state ruled by Maharaja Hari Singh. The ruler of Kashmir, who on October 26, 1947 using the provisions of Indian Independence Act 1947 passed by the British Parliament merged his state with India. By virtue of the signed Instrument of Accession, the former princely state of Jammu and Kashmir like other more than 500 princely states of pre-partition India became integral part of India. Thereafter Indian army initiated military actions to push out disguised Pakistani army out of own territories in Jammu & Kashmir but before regaining entire territories illegally occupied by Pakistan J. M. Nehru the then Indian prime minister unilaterally declared ceasefire on January 1,1948.
Just one day before unilaterally declaring cease-fire, the Indian Prime Minister J. M. Nehru declared to conduct plebiscite in Jammu & Kashmir. J. M. Nehru's offer of Plebiscite in UN on December 31, 1947 itself was unauthorized and illegal. First of all Nehru had no right or powers to offer plebiscite in Jammu & Kashmir in UN or anywhere else due to signing and acceptance of Instrument of Accession on October 26, 1947 as the Jammu & Kashmir had become integral part of India. If at all, any one had the right or power to declare plebiscite or cede any territory to any other country in any part of India it was Indian Parliament and that was under process of coming into existence. The Constituent Assembly, which was in existence at that time was constituted with only objects to bring the Indian constitution and parliament into existence and had no powers or rights to take any decision to conduct plebiscite or cede any territory of India to any other country.
Moreover, Nehru's offer of Plebiscite made within 70 days of the merger of Jammu & Kashmir into India was against the intention and spirit of the Instrument of Accession signed by the Maharaja Hari Singh former ruler of princely state Jammu & Kashmir. As per the powers conferred by the Indian Independence Act 1947 passed by the British Parliament the ruler Hari Singh merged his state with India to make it an integral part of India and not to offer his state to conduct plebiscite by India. If at all the ruler Hari Singh of Jammu & Kashmir wished to do so, he could have done it himself why he needed India or Nehru to offer plebiscite in his state?
However, in any case, Pakistan has no right of any kind even on one-inch territory of Jammu & Kashmir including the illegally occupied territories since 1947 as it is an integral part of India. If Pakistan claims Kashmir just because there are more Muslims in Kashmir then why India should not claim entire Pakistan as there are more Muslims in India than in the entire Pakistan?
Nehru's unilateral, suicidal, irresponsible, unauthorized, illegal and treacherous offer of plebiscite in own territories shocked Indians and surprised Pakistan as Pakistan never expected something of that kind will be gifted by Indian prime minister. Moreover, even Pakistan had never uttered a word plebiscite in Kashmir before Nehru committed that historic blunder.
The whole idea of invasion of Jammu & Kashmir was a brainchild of Pakistani army and was conceived in a month of September 1947, immediately after creation of Pakistan on August 14, 1947. Before partition, Mohammad Ali Jinnah never thought of inclusion of not only Jammu & Kashmir but also any particular territory into Pakistan. What Jinnah wanted was an independent nation exclusively for Muslims no matter how small, size was not important for him but creation of one separate and independent nation was. Otherwise, in first place Jinnah known for his adamant nature would not have agreed to the “Mountbatten Plan” itself, as that was supposed to be the basis of Indian Independence Act 1947, later passed by the British Parliament. The results of plebiscite in Baluchistan and voting in Sindh Assembly to decide merger with either India or Pakistan could go in anybody's favor. Moreover, instead of playing that gamble of plebiscite, the clever and adamant Jinnah would have insisted on straightway creation of Pakistan by inclusion of the territories he wanted to be parts of Pakistan in same way, as he forced the Indian National Congress agree to his demand of partition of India.
Nehru's free run of committing blunder after blunders of Jammu & Kashmir continued for years, as the national territories were his own private property, surprisingly without any resistance from the Congressmen. Nehru did not stop with the blunders of announcing ceasefire and plebiscite but committed another blunder by inclusion of discriminatory Section 370 into Indian Constitution giving special status to the state of Jammu & Kashmir.
There were more than 500 princely states in pre-partition India and the state of Jammu & Kashmir was one of them. The state of Jammu & Kashmir merged with India just like all other states merged in accordance with the provisions of Indian Independence Act 1947. The special status under the Section 370 of the Indian Constitution was not granted to all other more than 500 former princely states and was offered only the state of Jammu & Kashmir in clear violation of natural and equal justice to all. That means the Section 370 itself was discriminatory. Only thing nobody did challenge the validity of inclusion of that discriminatory Section 370 into Indian Constitution in the court of law.
The successive Indian Congress led governments in India have committed multiple blunders by messing up the one point simple issue of regaining invaded and illegally occupied own territories kicking Pakistan out at any costs. Moreover, the cunning Pakistanis always stole the Indian army sacrifices and victories of war in post-war treaties with Indians. Even in the propaganda and diplomatic moves, the Pakistanis are hundred of years ahead of India. Despite of being invader and illegal occupier of Indian territories, Pakistan bullies India at will and Indians being the legal owners of the territories illegally occupied by Pakistan ridiculously behave as if they are in illegal occupation of the Jammu & Kashmir.
The return of regained own territories of the state of Jammu & Kashmir back to the invader and illegal occupier Pakistan after 1971 India-Pakistan war shows how much India loves its own territories and how much is serious in regaining entire territories illegally occupied by Pakistan. Moreover, Indian diplomacy (?) could not understand that the return of own regained territories back to the invader Pakistan would give legitimacy to the Pakistani illegal occupation of Indian territories. Despite of victor, the entire handling of post-war situation, more than diplomatic disaster was greatest blunder in the series of blunders committed since 1947 by Indian governments led by the Congress party. May be India was the only country in the world to do such national suicide.
After losing the greatest opportunity to resolve the Kashmir issue once for all by forcing defeated Pakistan to totally withdraw from the illegally occupied Indian territories of Jammu & Kashmir after end of 1971 war, today India is left with very few options.
First India needs to shed defensive, elusive, spiritless and spineless behavior and stop selling of Jammu & Kashmir to Pakistan in the name of autonomy in exchange for halt in terror attacks emanating from Pakistan. The purpose of using terror therapy itself is to make India agree to the terms of Pakistan that means swallowing remaining Indian territories of Jammu & Kashmir in collusion with some anti-Indians on Pakistani payroll.
Second, enough is enough India should at least have some fire and spirit to regain its own territories, not by shying away from the international scene fearing the 'K' word but boldly presenting the realities of legal and completed accession of Jammu & Kashmir into India in October 1947.
Further, India must admit the blunders committed by the J. M. Nehru the then prime minster of India by declaring unilateral cease fire before completely regaining own territories illegally occupied by Pakistan and Nehru's irresponsible, unauthorized and illegal act in UN that offered to conduct plebiscite in own territories of Jammu & Kashmir. The blunder committed by Nehru has made Indian successive generations pay by hundreds of thousands of innocent human lives, billions of dollars in expenditures apart from making generations of hundreds of thousands of Indian Kashmiri Pandits refugees in their own motherland in last sixty years by the treacherous act of one man and sycophantic silence of many.
Pakistanis really have tremendous spirit and fire despite of being the invaders and illegal occupiers of Indian territories of Jammu & Kashmir. In contrast, not a single Indian leader in successive Indian ruling set-ups had even fraction of that spirit and fire the Pakistanis have, otherwise, India would have regained the entire territories illegally occupied by Pakistan long back.
Still it’s not impossible only thing needed is one or few leaders in Indian ruling set-up who has got real fire and national spirit and keeps themselves on fire until Pakistan is kicked out of illegally occupied Indian territories rising above petty politics of getting power and remain stuck to power at any cost . However, the big question is whether India has such dynamic leader who can rise above petty politics in interest of nation. When Pakistan has engaged itself full time since 1947 on single agenda of swallowing remaining territories of Indian state of Jammu & Kashmir, Indians except licking the wounds of terror emanating from Pakistan and occasional ceremonial announcements of Jammu & Kashmir is integral part of India have done nothing to regain own territories illegally occupied by Pakistan. Today Pakistan due to its complicity in terror is at the lowest standing in International scene with total loss of credibility. Moreover, more than 30% of the Pakistani army is already inside Afghanistan and 40% in own tribal region adjoining Afghanistan in the guise of non-existing ghost Taliban and another 10-15% will move in next few months time and remain in western Pakistan for long time.
What Indians needs is a courage for bold moves shedding aside the spineless and spiritless diplomacy and lusty domestic power politics and bring forth the reality of completed legal accession of Jammu & Kashmir into India on October 26, 1947 before world, in loud, clear, positive and confident voice and correct the blunders of Jammu & Kashmir once for all by regaining own territories back.
The threat of Pakistani nuclear weapons is non-existent; the tiny geographical size of Pakistan makes the entire nuclear arsenal useless and suicidal for Pakistan, if used against India. Any simultaneous Pakistani nuclear aggression even on all top ten cities of India will not destroy the Indian ability to retaliate in same way, and in such case, "the tiny Pakistan will be wipe out from the world map". The intelligent ISI that is nuclear command and real center of power of Pakistan will never ever dare to convert whole Pakistan into ashes. The tricks of moving some of the nuclear weapons towards India in the times of tension were only to bring world pressure on India to cool relations with Pakistan fearing nuclear flash between two countries. Therefore, ISI should remain concentrated on its mission of realization of Federation of Islamic Republics by invading other countries using disguised Pakistani regular army as non-existent ghost Taliban.
The Pakistani nuclear program boosted not to maintain any balance with India but first for successful creation of master of ISI’s dream of Federation of Islamic Republics and thereafter to thwart every US military action against Federation of Islamic Republics to dislodge Pakistani army as Taliban. The Pakistani nuclear program including acquisition of nuclear capable ready-to-use No-Dong missiles from North Korea in exchange for nuclear technology began when ISI decided to go ahead with the idea of Federation of Islamic Republics by Pakistani army under the guise of non-existing ghost Taliban in 1994.
The astonishing speed Pakistani pile-up of longer and longer-range nuclear capable ready-to-use Korean missiles is to counter US threats forever and not India on Kashmir issue. Moreover, for ISI Kashmir is very a paltry territory in comparison with Federation of Islamic Republics that is suppose to include parts of Central, entire Middle East and West Asia. ISI knows US will never go beyond certain limit against nuclear states and unless long-range nuclear capable missiles with nuclear war heads are stocked in large scale, ISI cannot bring the powerful US on equal terms like former USSR. In the cold war era, US at all costs avoided direct military conflict with former USSR fearing nuclear backlash. Once the rapidly ongoing re-invasion of Afghanistan by Pakistani army in the guise of Taliban is completed, it will take hardly year or two Pakistan to invade one or two poor defenseless countries of Uzbekistan, Tajikistan, Turkmenistan or Kyrgyzstan under the guise of Taliban. What ISI plans are is somehow declare its non-existing ghosts Taliban and Al-Qaeda having hold on entire nuclear stock pile of Pakistan as that game plan will force all Islamic countries to surrender to the Taliban’s Federation of Islamic Republics and also thwart every US military action against the ISI’s Grand National Conspiracy.
The United Nations inaction in forcing Pakistan to withdraw from the illegally occupied Indian territories even after of lapse of sixty years despite of its own resolution passed on August 13, 1948 has only proved how weak the UN is. UN that blamed Pakistan for invasion and ordered Pakistan to withdraw from the illegal occupation Indian territories, in fact did nothing to force Pakistan to vacate Indian territories. The UN inactions have proved UN is toothless organization and could be bullied by any country that is rogue. The UN failure to enforce its own resolution allowed Pakistan to continue its illegal occupation of Indian territories continuously for last sixty years and has emboldened Pakistan to invade Afghanistan under guise of non-existing ghost Taliban, in the same manner as it did in Jammu & Kashmir in October 1947. The drastic UN failure has given an impression to Pakistan that not only it can invade any country under guise of non-existing ghosts but also can retain occupation for decades or may be forever despite of UN resolutions. As far as UN resolutions are concerned, they are nothing but bullshit for Pakistan.
Any territorial trade off by India in Jammu & Kashmir for peace with Pakistan too is not possible for any party government India. On December 31, 1947, the then Indian prime minster J. M. Nehru who was leading the Constituent Assembly had made an offer of plebiscite in Jammu & Kashmir in UN. That offer was in absence of Indian Constitution and Parliament as both were under process of coming into existence. In 1994, for the first time Indian Parliament has unanimously passed resolution declaring entire Jammu & Kashmir that includes the territories illegally occupied by Pakistan and China as an integral part of India. That particular resolution has overruled and nullified the previous offers of plebiscite and ceasefire in entire Jammu & Kashmir made by the then prime minster of India J. M. Nehru in UN. Now no government of India under president’s rule or led by any party can trade off even one inch of Indian territory including illegally held by Pakistan or China in exchange to buy peace or to halt terror emanating from Pakistan. If Indian government wants to do so, the Indian parliament needs to pass unanimous resolution allowing ceding of Indian territories to Pakistan as the Jammu & Kashmir is an integral part of India and unless Indian parliament passes such unanimous resolution, allowing ceding of nation’s territories to Pakistan any territorial trade off by Indian political parties shall be unconstitutional, therefore illegal.
Had India or UN kicked invader Pakistan out of illegally occupied Indian territories of Jammu & Kashmir immediately after invasion on October 22 1947 or before mid 1990s Pakistan would not have dared again to use the same modus operandi used to invade Kashmir in 19947 to invade Afghanistan in 1990s and now once again in 2007-08. Even the 1998 simultaneous terror attacks on US Embassies in Kenya and Tanzania, the 9/11 in US, 7/7 in UK and hundreds of terror attacks in India, Afghanistan and elsewhere that ended hundreds of thousands of valuable innocent human lives and billions of dollars in expenditures would not have taken place at all.
However, Pakistan needs to be forced to vacate illegal occupation of Indian territories held since 1947. As that will make every present and future rogue Pakistani elements realize that the world shall not allow it to invade and continue illegal occupation of even one inch territory of other countries. Unless that happens, the Pakistani army’s missions of invading other countries in one or other guise shall never halt and there will be more Jammu & Kashmirs beyond Afghanistan. Once the ongoing process of re-invasion of Afghanistan is over in few months in the guise of non-existing ghost Taliban, nobody can stop the deadly ISI from invading Tajikistan, Kyrgyzstan, Turkmenistan, and almost all countries of Middle East, West Asia and North Africa under the guise of non-existing ghost Taliban in next few years of time.